ILNews

Suit filed against Marion County traffic court

Back to TopE-mailPrintBookmark and Share

A suit filed today claims the Marion County traffic court judge is violating residents' constitutional rights by imposing additional fines on those who unsuccessfully challenge their tickets and closing proceedings to the public.

Plaintiffs Toshinao Ishii, Matthew Stone, and Adam Lenkowsky filed their suit in Marion Superior Court No. 11 against Marion Superior Judge William E. Young in Court No. 13 and the city of Indianapolis. The suit seeks declaratory and injunctive relief through an order of mandamus prohibiting Judge Young to impose additional fines against defendants who fail to win their cases before the traffic and parking violations courts.

The suit, a class action complaint, also asks for a return of the fines received by the court, and to keep the traffic court from closing its courtroom to the public. The plaintiffs claim the imposition of additional fines has a chilling effect on the fair and equitable administration of justice.

According to the suit, when Judge Young took the bench in traffic court this year, he instituted a policy that defendants that come before his court and are found guilty would be fined up to an additional $500 and could even be assessed up to $10,000 plus court costs. The traffic courtroom is also open only to defendants. No one else, including parents of minors who have received tickets, can be present during procedings.

Ishii appeared in traffic court to contest a ticket; he lost and was fined an addition $400. Stone was cited for improperly wearing a seatbelt. He wears it differently because of a pacemaker and chose not to challenge the ticket because of Judge Young's policy. Lenkowsky asked to enter the courtroom as a member of the public and was denied entrance.

The suit also includes the newly opened parking citation court in Indianapolis, in which defendants who don't pay their ticket prior to a scheduled hearing may be assessed up to $2,500 in fines, according to the city of Indianapolis.

The threat of these fines violates the Eighth and 14th amendments of the U.S. Constitution and Article I, sections 12, 16 and 23 of the Indiana Constitution, according to the suit.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

ADVERTISEMENT